[HISTORY: Adopted by the Town Board of the Town of Clarkstown 8-11-2015 by L.L. No. 5-2015. Amendments noted where applicable.]
A new Clarkstown Town Code chapter entitled "Solar Power Regulation"
is created.
A.
This chapter aims to promote the accommodation of solar energy systems
and equipment.
B.
Solar energy is a renewable and nonpolluting energy resource that
can offset fossil fuel emissions and reduce demand on the grid. Energy
generated from solar energy systems can be used to offset energy demand
on the grid where excess solar power is generated.
C.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is a priority and is a necessary
component of the Town of Clarkstown's current and long-term sustainability
as listed in the goals of the Town's Comprehensive Plan.
As used in this chapter, the following terms shall have the
meanings indicated:
A building, such as a stable, garage, playhouse, barn, tent
or greenhouse, which is subordinate and accessory to a principal building
on the same lot.
A solar energy system that consists of integrating photovoltaic
modules into the exterior skin of the structure, such as the roof
or the facade and which does not alter the general configuration of
the roof.
Photovoltaic modules and tiles that are installed parallel
to the surface of a roof on low-profile mounting brackets.
A solar energy system that is directly installed in or on
the ground and is not attached or affixed to an existing structure.
A continuous source of brightness, relative to diffused lighting.
This is not a direct reflection of the sun, but rather a reflection
of the bright sky around the sun. Glare is significantly less intense
than glint.
Also known as a "specular reflection," produced as a direct
reflection of the sun on the surface of the PV solar panel. This is
the potential source of the visual issues regarding viewer distraction.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
The main purpose for which a site is developed and occupied,
including the activities that are conducted on the site a majority
of the hours during which activities occur.
A building in which is conducted the primary use of the lot
on which it is located.
A firm that employs or subcontracts a qualified person (installer)
to supervise the installation. The installer shall have the skills
and knowledge related to the construction and operation of solar electrical
equipment and installations and has received safety training on the
hazards involved. Contractors who are on the list of eligible photovoltaic
installers maintained by the New York State Energy Research and Development
Authority (NYSERDA), or who are certified as a solar installer by
the North American Board of Certified Energy Practitioners (NABCEP),
Underwriters Laboratory (UL), or Journeymen Wiremen who have completed
the International Brotherhood of Electrical Workers/National Electrical
Contractors Association (IBEW/NECA) joint apprenticeship program shall
be deemed to be qualified solar installers for the purposes of this
definition. Persons who are not on NYSERDA's list or do not hold
these credentials may be deemed to be qualified solar installers if
the Building Inspector determines such persons have had adequate training
to determine the degree and extent of the hazard and the personal
protective equipment and job planning necessary to perform the installation
safely.
A solar power system in which solar modules are mounted on
top of the structure of a roof either as a flush-mounted system or
as modules fixed to frames which can be tilted toward the south at
an optimal angle.
A solar hot air or water collector device, which relies upon
solar radiation as an energy source for the generation of or transfer
of stored heat.
Solar collectors, modules, inverters, charge controllers,
controls, energy storage devices, heat pumps, heat exchangers, and
other materials, hardware or equipment necessary to the process by
which solar radiation is collected, converted into another form of
energy, stored, protected from unnecessary dissipation and distributed.
Solar systems include solar thermal, photovoltaic and concentrated
solar.
A solar photovoltaic cell, panel, or array, which relies
upon sunlight as an energy source for the generation of electricity.
A program to expedite qualified applications for commercial
and residential solar panel installation to encourage the use of reliable
and clean renewable energy.
Solar-thermal systems directly heat water or other liquid
using the heat of the sun. The heated liquid is used for such purposes
as space heating and cooling, domestic hot water, and heating pool
water.
A.
The requirements of this chapter shall apply to all solar energy
systems (residential, commercial, multifamily and condominium) modified
or installed after the effective date of this chapter.
B.
Solar energy equipment/systems for which a valid building permit
has been properly issued prior to the effective date of this chapter
shall not be required to meet the requirements of this chapter.
C.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards.
D.
Solar energy collectors shall be permitted only to provide power
for use by owners, lessees, tenants, residents, or other occupants
of the premises on which they are erected, but nothing contained in
this provision shall be construed to prohibit "collective solar" installations
or the sale of excess power through a "net billing" or "net-metering"
arrangement in accordance with New York Public Service Law § 66-j
or similar state or federal statute.
A.
General design considerations.
(1)
Solar collectors shall be located such that any solar glint or glare
is not directed onto nearby properties or roadways. To limit solar
glint or glare, the face of the collectors can be configured as to
not face a public way or neighboring property. Solar collectors must
be made of a nonreflective surface. If the solar PV installation creates
an adverse impact to the public or neighboring properties, the property
owner will be required to take measures to mitigate the impact.
(2)
A solar PV system shall not be used to display any advertising or
signage, including, but not limited to, streamers, pennants, spinners,
flags, reflectors, ribbons, balloons, banners, or other similar materials.
(3)
All solar PV systems shall be installed using an engineered mounting
structure.
(4)
All solar PV system wiring shall be neatly grouped, routed and continuously
supported.
(5)
Where feasible, solar collector units shall be consolidated into
array groupings, rather than situated in a disjointed manner.
B.
Specific design considerations.
(1)
Roof-mounted systems.
(a)
Allowed structures. A solar PV system shall be allowed on the
roof of the principal building of the property. No part of the solar
PV system may extend beyond the exterior perimeter of the principal
building. Solar PV systems shall not be mounted on the roof of any
accessory building unless such structure lies within the building
envelope for the zone in which it is located.
(b)
Height.
[1]
Flat roof. Any part of the solar PV system shall not exceed
nine feet in overall height, or extend more than five feet above the
building parapet, whichever results in less height.
[2]
Pitched roof. Solar PV collectors must be mounted flush with
the roof, and the surface of the collector shall not extend any further
than 18 inches from the roof surface at any point. No portion of the
solar collectors shall extend more than eight inches beyond the ridgeline
of the roof at any point.
(c)
Placement.
[1]
Solar PV systems shall be designed and configured to blend into
the architecture of the building to the greatest extent possible,
and shall be screened from the view of the public right-of-way.
[2]
Solar collector units shall be consolidated to one area on the
roof to the greatest extent possible, and shall not be scattered in
multiple groups on the roof. In any zoning district, if the principal
building is located within a required setback, then the solar PV system
may be located within that same setback.
(2)
Building-integrated photovoltaic (BIPV) systems.
(a)
Residential districts: R-10, R-15, R-22, R-40, R-80, R-160,
MF-1, MF-2, MF-3, RG-1 & RG-2.
[1]
Solar PV systems shall only be mounted to the principal building,
and shall not be mounted to any facade facing the front of the property.
[2]
Systems may be mounted to the sides of structures, such that
no part of the system projects more than 18 inches from the structure
or into the side or rear setback of the property.
(b)
All other districts.
[1]
Non-roof-mounted solar PV systems may be mounted to the front,
sides, or rear of structures. The maximum distance that a system is
allowed to project from a structure is three feet.
[2]
Solar PV systems may be mounted to or configured as awnings.
A system mounted to the flat surface of an awning must not project
horizontally or vertically beyond the limits of the awning.
(3)
Ground-mounted and freestanding systems.
A.
No solar energy system or device shall be installed or operated in
the Town of Clarkstown except in compliance with this chapter.
B.
To the extent practicable, and in accordance with all applicable
laws, the accommodation of solar energy systems and equipment and
the protection of access to sunlight for such equipment shall be encouraged
in the application of the various review and approval provisions of
the Town of Clarkstown Code.
C.
Rooftop solar collectors. Rooftop-mounted solar collectors are permitted
in all zoning districts in the Town of Clarkstown, subject to the
submission, review and issuance of a permit by the Building Inspector.
D.
Building-integrated photovoltaic (BIPV) systems. BIPV systems are
permitted in all zoning districts in the Town of Clarkstown, subject
to the submission, review and issuance of a permit by the Building
Inspector.
E.
Ground-mounted and freestanding solar collectors. Ground-mounted
and freestanding solar collectors are allowed in all zoning districts
of the Town of Clarkstown, provided that they meet all applicable
setback requirements for the zoning district in which it is located
and, when oriented at maximum tilt, the height does not exceed 20
feet for nonresidential installations or 10 feet for residential installations.
Permits for ground-mounted and freestanding solar collectors shall
be issued as follows:
[Amended 6-28-2016 by L.L. No. 8-2016; 12-13-2018 by L.L. No. 9-2018]
(1)
Residential installations less than 12 kw and 1/4 acre land disturbance
are issued pursuant to Building Department and Department of Engineering
and Facilities Management review and approval.
(2)
Residential installations greater than 12 kw total cumulative capacity
or 1/4 acre land disturbance are issued pursuant to Planning Board,
Architectural Historic Review Board, Building Department and Department
of Engineering and Facilities Management review and approval.
(3)
Nonresidential installations less than 25 kw are issued pursuant
to Building Department and Department of Engineering and Facilities
Management review and approval.
(4)
Nonresidential installations greater than 25 kw total cumulative
capacity and greater than 1/4 acre land disturbance are issued pursuant
to Planning Board, Architectural Historic Review Board, Building Department
and Department of Engineering and Facilities Management review and
approval.
F.
Solar-thermal systems. Solar-thermal systems are permitted in all
zoning districts, subject to the issuance of a building permit.
G.
Installations in designated historic districts or sites shall require
the approval of the Architectural Historic Review Board unless such
installations are not visible from the street or any historic site.
[Amended 6-28-2016 by L.L. No. 8-2016]
A.
All solar collector and module installations must be performed by
a qualified solar installer/contractor.
B.
Prior to operation, electrical connections must be inspected by an
approved electrical inspection agency as determined by the Town.
C.
The installer/contractor shall coordinate interconnection with the
public utility grid and comply with all of its requirements and standards.
D.
Solar energy systems shall be maintained in good working order.
E.
All solar collector and module installation shall meet New York's
Uniform Fire Prevention and Building Code standards.
F.
If storage batteries are included as part of the solar collector
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use and
when no longer used shall be disposed of in accordance with the laws
and regulations of Town of Clarkstown and other applicable laws and
regulations.
G.
If a solar collector ceases to perform its originally intended function
for more than 12 consecutive months, the property owner shall make
repairs or remove the collector, mount and associated equipment by
no later than 90 days after the end of the twelve-month period.
If a building permit for a solar energy device is denied because
of lack of compliance or is in conflict with other goals of the Town
of Clarkstown, the applicant may seek relief from the Zoning Board
of Appeals which shall regard solar energy as a factor to be considered,
weighed and balanced along with other factors.
The expedited solar permitting process uses a unified permit
across municipalities in New York State. A combined building and electrical
permit for a grid-tied photovoltaic (PV) system will be issued pending
proper completion of forms, submission of approved plans and approval
by the municipality. All applicants must submit:
A.
Unified Solar Permit Eligibility Checklist (annexed as Attachment
1).[1]
[1]
Editor's Note: Attachment 1 is included as an attachment to this chapter.
B.
Three sets of plans that include:
(1)
Site plan showing location of major components of solar system and
other equipment on roof or legal accessory building. This plan should
represent relative location of components at site, including, but
not limited to, location of array, existing electrical service location,
utility meter, inverter location, system orientation and tilt angle.
This plan should show access and pathways that are compliant with
the New York State Fire Code, if applicable.
(2)
One-line or three-line electrical diagram. The electrical diagram
required by NYSERDA for an incentive application and/or utility for
an interconnection agreement can be used here.
(3)
Specification sheets for all manufactured components. If these sheets
are available electronically, a web address will be accepted in place
of an attachment, at the discretion of the Building Inspector.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$1,000 or by imprisonment for a term not exceeding one year, or by
both such fine and imprisonment. The continuation of an offense against
the provisions of this chapter shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
